(A) General. Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, or the community may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations provided that substantial justice is done and the public interest is secured. A variance shall not have the effect of nullifying the intent and purpose of these regulations. The City Council shall not approve variances unless it makes findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; and
(4) The relief sought will not in any manner vary the provisions of the zoning regulations, official map, building codes or comprehensive plan except that those documents may be amended in the manner prescribed by law.
(B) Conditions. In approving variances, the City Council may require additional conditions that will, in its judgment, secure substantially the purposes described in § 153.002.
(C) Procedure. An application for a variance to the subdivision regulations shall be submitted by the subdivider at the time when the preliminary plat is filed for the consideration by the Planning Commission. The Planning Commission shall consider the application and give its written recommendations to the City Council within time frame set for preliminary plats in §§ 153.040 et seq. The application shall include a cover letter that states fully the grounds for the request and all of the facts relied upon by the applicant. The zoning administrator will provide an application form. The subdivider will pay the fee as established in the city’s fee schedule.
(D) Planned unit developments. If a subdivider is proposing a planned unit development concurrent with a subdivision, any variances to these regulations or variances to the regulations in the zoning regulations will be addressed in the planned unit development review process.
(Ord. passed 1-23-2001)